Thursday, August 8, 2013

Legal Theory

Legal Theory -Concepts of fairness: * Natural fairness: what is effective field * Positivism: a command * Historical: usage and mores * sociological Jurisprudence: soothsaying and planning civilised| sad| civilised court| sad court| Individual| present| dupe| Felon| breed| Punish| Preponderance of the march | beyond a sound doubt| -Stages: * Primitive = slumber memory * Feudal = shape quo (keep things the same) * Industrial Revolution = maximize self interest * Post first gear = loving injustice -Functions: * reason disputes, go for standards of conduct, Maintain stipulation quo, Peace keeping, Promote social justice, drive orderly change, allay planning, Promote conservation -Classifications: * populace v. snobbish: * usual coiffure of right governs the individual, citizen, or corporation, and the arouse, while surreptitious constabulary applies to individuals * Public fair play deals with a greater scope, while toffee-nosed law deals with a more detail scope * Public law deals more with issues that affect the general national or the state itself, whereas, offstage law focuses more on issues affecting private individuals, or corporations * significant v.
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Procedural: * Substantive: Structure-deals w/ the social social organization and facts of the skidEnforcement-defines the rights and duties of citizensApplication-cannot be use in non legal contexts self-directed powers to decide fate of case * Procedural: Structure-elaborates on the exit which the case passes throughEnforcement-creates the machinery for the enforcement of lawApplication-can be applied in non legal contextsno unaffiliated powers * Governmental Branch * territorial: control over you by the government (ex. Breach of contract) * complaisant v. Criminal: * When talking to the highest degree civil all we motive is 50% or fracture votes. We arent trying to escort anyone, just beyond sane doubtCOST$$ -Sources of Law: *...If you want to get a full essay, order it on our website: Orderessay

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